Category: Volume 5 and Issue 6 of 2025

  • A SOCIO LEGAL STUDY ON THE USE OF CHILD SOLDIER IN ARMED CONFLICT

    A SOCIO LEGAL STUDY ON THE USE OF CHILD SOLDIER IN ARMED CONFLICT

    AUTHOR – BHUMIK SETHI, STUDENT AT AMITY UNIVERSITY NOIDA

    BEST CITATION – BHUMIK SETHI, A SOCIO LEGAL STUDY ON THE USE OF CHILD SOLDIER IN ARMED CONFLICT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 245-247, APIS – 3920 – 0001 & ISSN – 2583-2344.

    NATURE OF CHILD COMBATANTS

    The 20th century will be remembered for the innumerable defenseless men, women, and children who sadly perished in wars for no justifiable cause. The words “genocide,” “war crimes,” “crimes against peace,” together with “crimes against humanity” included designed to truthfully portray the horrors connected to these offenses. Kids often experience forced participation in social violence, murder, military conflicts, and torture, in addition to the destruction of their neighborhoods, families, and civilians infrastructure that is intended to help them .International humanitarian law states that children are given “special” protection as children and “general” protection as citizens in both domestic and international violent conflicts. However, even if there are several legal mechanisms and protections designed to stop minors from participating in armed disputes, they are nonetheless forced to participate in them by a variety of methods, and as a as a result of several factors. The participation of children in combat is limited under humanitarian law on a global scale. But even in cases when kids do take part in combat, they continue to enjoy the “special” protection that was given to them as kids. They just forfeit the “general” defense that is applicable to citizens.

  • PREVENTIVE MEASURES AND AWARENESS OF POCSO (PROTECTION OF CHILDREN FROM SEXUAL OFFENCES) ACT, 2012 AT SCHOOL LEVEL

    PREVENTIVE MEASURES AND AWARENESS OF POCSO (PROTECTION OF CHILDREN FROM SEXUAL OFFENCES) ACT, 2012 AT SCHOOL LEVEL

    AUTHOR – NIVETHA T* & KAVIN. R**

    * GUEST LECTURER, DEPARTMENT OF HUMAN RIGHTS AND DUTIES EDUCATION SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI.

    ** ADVOCATE AND INDEPENDENT AUTHOR

    BEST CITATION – NIVETHA T & KAVIN. R, PREVENTIVE MEASURES AND AWARENESS OF POCSO (PROTECTION OF CHILDREN FROM SEXUAL OFFENCES) ACT, 2012 AT SCHOOL LEVEL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 240-244, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

                   Awareness can provide safeguarding for humanity, particularly for our children, who are the future assets of our nation. The objective of the study is to assess the knowledge level of the POCSO Act 2012 within schools and to determine the extent of actions implemented by schools to prevent child sexual abuse. The majority of students have awareness about child abuse. However, they lack awareness of legal procedures. This study emphasizes the necessity for students and parents to be well-versed in legal procedures. Awareness is a crucial instrument for enhancing the lives of our future assets, referred to as children.

    Key words: Awareness, POCSO, Child sexual abuse, Children.

  • “RECALIBRATING FEDERAL BALANCE: A CONTEMPORARY APPRAISAL OF CENTRE-STATE RELATIONS IN INDIA”

    “RECALIBRATING FEDERAL BALANCE: A CONTEMPORARY APPRAISAL OF CENTRE-STATE RELATIONS IN INDIA”

    AUTHOR – A. ANTONY RAJ & R. PRIYANKA

    LLM SCHOLARS AT TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

    BEST CITATION – A. ANTONY RAJ & R. PRIYANKA, “RECALIBRATING FEDERAL BALANCE: A CONTEMPORARY APPRAISAL OF CENTRE-STATE RELATIONS IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 231-239, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Despite being based on the constitutional separation of powers between the Union and the States, India’s federal structure exhibits a clear centralizing bias. The framers’ concerns about separatist tendencies in a newly independent and diverse country, historical circumstances, and national integration initiatives all contributed to this viewpoint. Notwithstanding these beginnings, Indian federalism has developed into a vibrant and contentious area that is influenced by judicial decisions, budgetary agreements, and political events. By examining the constitutional design, specifically the Seventh Schedule, Articles 245 to 263, and emergency measures, as well as political and practical developments, this essay critically explores the structure of Center-State interactions in India.  It assesses how well federal institutions are operating and looks into the roles of important organizations including the Finance Commission, the GST Council, and the Inter-State Council.  Fiscal federalism and the escalating concerns about income distribution inequities, GST Council decision-making, and compensation disputes—particularly in the post-COVID era—are given particular focus.Historic rulings like S.R. Bommai v. Union of India and State of West Bengal v. Union of India, as well as more contemporary rulings like Union of India v. Mohit Minerals, address the judiciary’s function as a custodian of the constitution.  These decisions show how the judiciary is becoming more interventionist and less respectful in its approach to upholding constitutional balance and state autonomy. The Article also explores current conflicts, demonstrating the weakness of cooperative federalism, from the function of governors in states with opposition rule to unilateral legislative measures on topics on the State List and the repeal of essay 370.  In the end, the article makes the case for a revised version of Indian federalism based on sincere intergovernmental communication, openness in fiscal management, and judicial uniformity in upholding federal values.

    Keywords: Indian Constitution, Federalism, Centre-State Relations, Judicial Pronouncements, Fiscal Federalism, Cooperative Governance, Political Federalism

  • BLOCKCHAIN IN THE INDIAN FINANCIAL SECTOR: LEGAL CHALLENGES, REGULATORY GAPS, AND OPPORTUNITIES FOR INNOVATION

    BLOCKCHAIN IN THE INDIAN FINANCIAL SECTOR: LEGAL CHALLENGES, REGULATORY GAPS, AND OPPORTUNITIES FOR INNOVATION

    AUTHOR(S) – SPARSH RATHI* & DR. SHEFALI RAIZADA**

    * STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA

    ** FACULTY OF LAW, AMITY LAW SCHOOL, NOIDA

    BEST CITATION – SPARSH RATHI & DR. SHEFALI RAIZADA, BLOCKCHAIN IN THE INDIAN FINANCIAL SECTOR: LEGAL CHALLENGES, REGULATORY GAPS, AND OPPORTUNITIES FOR INNOVATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 225-230, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    Blockchain technology has emerged as a transformative innovation in the financial sector, enabling decentralized, secure, and transparent transaction systems. In India, its application within banking and financial services presents significant opportunities for cost savings, efficiency, and financial inclusion. However, the decentralized nature of blockchain raises complex legal and regulatory challenges. Current Indian laws—including the Reserve Bank of India Act, 1934, the Banking Regulation Act, 1949, the Payment and Settlement Systems Act, 2007, and the Information Technology Act, 2000—do not yet provide a comprehensive legal framework for blockchain adoption. Issues surrounding scalability, cybersecurity, anti-money laundering compliance, and cross-border regulation further complicate blockchain’s integration into existing financial systems. This paper explores the definition, features, and working mechanisms of blockchain, examines its financial applications and legal implications, and evaluates the regulatory challenges and opportunities it presents. The study underscores the urgent need for a unified and adaptive legal framework to ensure blockchain’s alignment with India’s financial regulatory architecture while harnessing its full potential.

  • INTEGRATION OF ARTIFICIAL INTELLIGENCE IN ONLINE DISPUTE RESOLUTION PLATFORMS: LEGAL AND ETHICAL IMPLICATIONS

    INTEGRATION OF ARTIFICIAL INTELLIGENCE IN ONLINE DISPUTE RESOLUTION PLATFORMS: LEGAL AND ETHICAL IMPLICATIONS

    AUTHOR – BHAVANA DHOUNDIYAL* & AKASH TYAGI**

    *ASSISTANT PROFESSOR, SCHOOL OF LAW, IILM UNIVERSITY, GREATER NOIDA. EMAIL – BHAVANA.DHOUNDIYAL@IILM.EDU.

    **LLM STUDENT, IILM UNIVERSITY, GREATER NOIDA. EMAIL – AKASH.TYAGI.GNLLM25@IILM.EDU

    BEST CITATION – BHAVANA DHOUNDIYAL & AKASH TYAGI, INTEGRATION OF ARTIFICIAL INTELLIGENCE IN ONLINE DISPUTE RESOLUTION PLATFORMS: LEGAL AND ETHICAL IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 213-224, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Alternative Dispute Resolution (ADR) provides a variety of well-established methods, such as arbitration, mediation, and negotiation, that offer practical and impactful ways to settle disagreements without the need for traditional court proceedings. The emergence of Artificial Intelligence (AI), coupled with the rapid advancements in digital technology, has brought about a notable shift in how ADR operates. The world is increasingly seeing AI-powered tools, user-friendly digital platforms, and Online Dispute Resolution (ODR) systems playing a role in making dispute resolution more efficient, more readily available, and less expensive.

    This paper explores the significant impact of AI and digitization on the established practices within ADR, focusing on how these innovations are changing the fundamental process of resolving conflicts. This study aims on several crucial aspects within the domain of Alternative Dispute Resolution. A primary concern involves investigating methods to broaden the availability of justice to a wider population. Furthermore, it will explore ways to lessen the economic impact often linked to resolving disagreements. The fundamental aim of this research paper is not only to simply find faster methods of resolving disputes, but it also questions whether these alternative approaches can ultimately lead to solutions that are superior in their quality and fairness. Moreover, as Artificial Intelligence becomes increasingly rooted in Alternative Dispute Resolution, a thorough analysis of ensuing legal and ethical consideration is essential. This requires a particular focus on achieving a clear and comprehensive understanding of how AI algorithms actually functions, along with a critical examination of protecting individual’s personal data within these AI-driven environments.

    Keywords: Artificial Intelligence (AI), Alternate Dispute Resolution (ADR), Online Dispute Resolution (ODR), Machine Learning, Predictive Analytics, Natural Language Processing (NLP), Blockchain Technology, Digital Platforms, AI in Arbitration, Digital Transformation in Law, AI-powered Mediation, Legal and Ethical Implications of AI, AI in Legal Practice, Bias in AI Algorithms.

  • SECURITIES CLASS ACTIONS IN INDIA: A CRITICAL ANALYSIS OF MARKET ANOMALIES AND INVESTOR REMEDIES

    SECURITIES CLASS ACTIONS IN INDIA: A CRITICAL ANALYSIS OF MARKET ANOMALIES AND INVESTOR REMEDIES

    AUTHOR – KOUSTAV BHATTACHARJEE, STUDENT AT AMITY LAW SCHOOL, NOIDA (AUUP)

    BEST CITATION – KOUSTAV BHATTACHARJEE, SECURITIES CLASS ACTIONS IN INDIA: A CRITICAL ANALYSIS OF MARKET ANOMALIES AND INVESTOR REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 194-212, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The liberalization of India’s financial markets over the past three decades has ushered in unprecedented levels of investor participation, capital mobilization, and regulatory sophistication. However, this growth has also exposed significant systemic vulnerabilities, particularly in the context of market anomalies—rare but high-impact disruptions that defy traditional assumptions about price behavior and market efficiency. Among such anomalies, the phenomenon of negative pricing, especially in derivatives markets, has emerged as a pressing concern. The April 2020 negative pricing event involving crude oil futures on the Multi Commodity Exchange (MCX) marks a watershed moment in Indian commodity trading history. It revealed profound limitations not only in market infrastructure and regulatory preparedness, but also in the legal remedies available to aggrieved investors.

    This dissertation critically analyzes the intersection between market anomalies and the collective legal remedies—or lack thereof—available to Indian investors. Using the April 2020 MCX incident as a central case study, it explores how the absence of a well-defined securities class action mechanism in India impedes effective redressal when thousands of investors suffer similar harm from a market-wide event. The study begins with a detailed conceptualization of market anomalies, categorizing phenomena such as negative pricing, flash crashes, insider trading, and information asymmetry, and tracing their disruptive impact on investor portfolios, market confidence, and systemic stability. It emphasizes that such anomalies are not only technical aberrations, but legal flashpoints that stress-test the adequacy of existing investor protection frameworks.

    At the heart of the dissertation lies a case study analysis of the April 2020 MCX crude oil futures collapse, in which the WTI benchmark settled at –$37.63 per barrel, leading to a settlement price of –₹2,884 on MCX. This unprecedented event resulted in aggregate investor losses of hundreds of crores, raising critical questions about the roles and responsibilities of brokers, exchanges, clearing corporations, and regulators. The study investigates the causes of the anomaly—including global supply chain shocks, storage constraints, and exchange-specific contract design flaws—and critiques the regulatory and legal responses. It finds that while SEBI and MCX responded with temporary measures and risk containment frameworks, the broader question of investor compensation remained unaddressed.

    To contextualize India’s shortcomings, the dissertation offers a comparative analysis of securities class action mechanisms in jurisdictions such as the United States, Canada, and Australia. These systems, by permitting collective investor suits and statutory liability regimes, provide a robust framework for investor redress in the wake of market anomalies. Their regulatory and judicial responses to similar anomalies offer instructive models for potential reform in India.

    In its final chapters, the dissertation advances a set of targeted recommendations, including legislative amendments to securities laws to incorporate a dedicated securities class action framework, procedural reforms to facilitate collective investor grievances, strengthening SEBI’s investor compensation and surveillance functions, and enhanced transparency and accountability mechanisms for market infrastructure institutions. The study also advocates for institutional support to investor associations and public-interest litigation mechanisms as complementary tools of collective redress.

    In conclusion, this dissertation argues that the April 2020 negative pricing event should not be seen as an isolated incident, but as a powerful catalyst for reform. It exposes deep structural gaps in India’s investor protection regime and highlights the urgent need for a coherent, well-enforced collective redress mechanism. At a time when retail participation in Indian markets is surging, ensuring that investors are not only protected from fraud, but also from systemic breakdowns and regulatory blind spots, is vital for maintaining the legitimacy and resilience of India’s capital markets

    Keywords

    {Securities Class Actions, Investor Protection, Market Anomalies, Negative Pricing, Crude Oil Futures, Multi Commodity Exchange (MCX), April 2020 Market Incident, SEBI, Securities Law in India, Collective Investor Remedies, Derivatives Market Regulation, Financial Market Volatility, Legal Redress Mechanisms, Class Action Litigation, SEBI Act, Companies Act, Securities Contracts (Regulation) Act, Securities Appellate Tribunal (SAT), Comparative Securities Law, United States Securities Litigation, Investor Grievance Redressal, Systemic Risk, Commodity Derivatives, Flash Crashes, Regulatory Reform}

  • FORENSIC INVESTIGATION OF CRIMINAL OFFENCES

    FORENSIC INVESTIGATION OF CRIMINAL OFFENCES

    AUTHOR- ADITYA PRATAP SINGH, STUDENT AT AMITY LAW SCHOOL NOIDA, AMITY UNIVERSITY UTTAR PRADESH

    BEST CITATION – ADITYA PRATAP SINGH, FORENSIC INVESTIGATION OF CRIMINAL OFFENCES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 159-193, APIS – 3920 – 0001 & ISSN – 2583-2344.

    1.INTRODUCTION

    Criminal offences are actions committed against the state, threatening public safety and welfare. In India, these offences are governed by laws such as the Indian Penal Code, the Criminal Procedure Code, and the Indian Evidence Act. These laws outline which acts are considered crimes because they harm society, and they also lay down the punishments for those offences.

    “The Criminal Procedure Code specifically defines the penalties for various criminal acts and clearly states which behaviors are prohibited by the government for the safety and well-being of the public”.

    Forensic science plays an important role in the criminal justice system by applying principles from natural and physical sciences — like ballistics, DNA analysis, hair examination, and Polymerase Chain Reaction (PCR) — to help solve crimes.

    A few key figures shaped the foundation of forensic science. Mathieu Orfila, often regarded as the father of modern toxicology, developed methods in early 19th-century Paris for detecting poisons through chemical analysis — some of which are still in use today. Francis Galton, a British scientist, was the first to conduct a systematic study of fingerprints, creating a method to classify them for identification purposes. [1]In 1892, he published Fingerprints, a groundbreaking book that provided scientific proof of the uniqueness of fingerprints as a reliable form of personal identification.

    In the 19th century, natural sciences advanced rapidly, but at the same time, the justice system struggled with unreliable evidence, tampered proof, and coerced testimonies. Criminals often took advantage of these weaknesses to avoid punishment. It was this gap that led to the emergence of forensic science, offering a much-needed, reliable way to gather and present evidence in court.

    Interestingly, the idea of using science in crime-solving was popularised by Sir Arthur Conan Doyle through his fictional detective Sherlock Holmes, who showcased how forensic techniques could help uncover the truth. This inspired real-life investigators to realise that physical and natural sciences could be valuable tools in criminal investigations. Many of the most significant early breakthroughs in forensic science came from Europe, though countless contributors worldwide played important roles in shaping the field.


    [1] Houck, M. M. and Siegel, J. A., (2015).  Fundamentals of forensic science (3rd ed.). Academic Press. 

  • A STUDY ON RIGHTS AND STATUS OF A CHILD BORN OUT A LIVE-IN RELATIONSHIP IN INDIA

    A STUDY ON RIGHTS AND STATUS OF A CHILD BORN OUT A LIVE-IN RELATIONSHIP IN INDIA

    AUTHOR – YUSUF A K*

    * BBA LLB(HONS) SAVEETHA SCHOOL OF LAW SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS) CHENNAI: 600077 MOBILE NO :9500827435 Email:kalamyusuf1512@gmail.com

    BEST CITATION – YUSUF A K, A STUDY ON RIGHTS AND STATUS OF A CHILD BORN OUT A LIVE-IN RELATIONSHIP IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 139-158, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    With the passage of time and urbanization, India’s social dynamics have seen some favorable improvements.Whereas a small percentage of the Indian populace has accepted it, a sizable portion remains opposed. Even while films like ‘Luka Chhuppi’ have helped to mainstream it in Bollywood and regional cinema, there is still hesitation.The objective of this research is whether the indian society and the judiciary are welcoming about the new age concept and whether a child born out of such relationship is legitimate or not.The research method followed here is a descriptive method ( empirical research). A total of 200 samples have been collected out of which all the samples have been collected through field visits by picking the general public at random. The results from the research are majority of the sample population are welcoming and aware about the livin relationship concept however they feel it can affect oneself negatively and another finding is that child born out of livin relationship is legitimate under the law.It is safe to assume that, given the current legal situation, the child of a live-in relationship will inevitably face a lack of clarity in life in terms of his or her legal position, ancestry, and eventual rights. This might lead to mental and emotional instability in the child’s life.To prevent this, explicit rules should be enacted, as well as revisions to unclear wording in existing laws, to provide clarification on the status and rights of children born in a live-in relationship. This will maintain consistency and help the youngster create emotional, mental, and physical stability.

    KEYWORDS – Living relationship, legitimacy , child, marriage, Domestic cohabitation

  • CONCEPT AND LEGAL FRAMEWORK OF CONJUGAL RIGHTS

    CONCEPT AND LEGAL FRAMEWORK OF CONJUGAL RIGHTS

    AUTHOR – BHAVAY GOEL, STUDENT AT AMITY UNIVERSITY, NOIDA

    BEST CITATION – BHAVAY GOEL, CONCEPT AND LEGAL FRAMEWORK OF CONJUGAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 133-138, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Meaning and Definition of Conjugal Rights

    The concept of conjugal rights refers to the rights granted to spouses, particularly within the context of marriage, regarding sexual relations, cohabitation, and companionship. While often tied to the legal and social fabric of marriage, the term has evolved within legal discourse to encompass broader rights that extend beyond mere conjugal duties. In the prison context, the term has taken on new dimensions, encompassing the right of prisoners to maintain intimate family relations, despite their incarceration. This section aims to unpack the meaning and definition of conjugal rights in both domestic and international legal frameworks, and discuss their relevance in prison jurisprudence.[1]


    [1] Michel Foucault, Discipline and Punish: The Birth of the Prison, (Vintage Books, 1995) 35.

  • STAND OF DIFFERENT NATIONS REGARDING CONJUGAL VISITS TO PRISONERS

    STAND OF DIFFERENT NATIONS REGARDING CONJUGAL VISITS TO PRISONERS

    AUTHOR – MUSKAN RUNGTA, STUDENT AT AMITY UNIVERSITY, NOIDA

    BEST CITATION – MUSKAN RUNGTA, STAND OF DIFFERENT NATIONS REGARDING CONJUGAL VISITS TO PRISONERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 129-132, APIS – 3920 – 0001 & ISSN – 2583-2344.

    NATIONS THAT DO NOT ALLOW CONJUGAL VISITS

    Republic of Ireland: It does not permit conjugal visits at all.

    New Zealand:

    Conjoining convicts is prohibited by prison regulations in New Zealand. There are currently no mechanisms in the penitentiary system that permit prisoners to have private, intimate relationships with their spouses.